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(영문) 창원지방법원 통영지원 2018.07.09 2018고정31
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

C is a driver of the vehicle of A, a corporation that manufactures fertilizers and nitrogen compounds in Tong-si, Si-si, and the defendant A (representative E) is a corporation that employs C.

No person shall dump wastewater or have wastewater flow into public waters without justifiable grounds.

Nevertheless, at around 16:35 on May 23, 2017, C laid down 100 litress of wastewater contained in the joint water surface in the joint water surface in front of G hotel located in the G hotel, in a way that the farmer produces a hole in front of the G hotel and carries and collects wastes containing a hole in the vehicle after being loaded into the vehicle, and in a manner that discharges the said waste.

Defendant

A Co., Ltd., at the same time and place as stated in paragraph 1, committed the above violation in relation to the defendant's business.

Summary of Evidence

1. Each legal statement of witness C and E;

1. A protocol of suspect interrogation of each police officer in relation to C and E;

1. Photographs and photographs of the public waters in question under the Acts;

1. Amount of by-products stored in holes, May 2017, and measurement table (F);

1. Part of the registered matters, each business registration certificate (the defendant and his/her defense counsel has exercised due care and supervision over his/her business in order to prevent a violation of C, the defendant company is an employee;

The argument is asserted.

The following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, ① a large number of vehicles operated by C had been used to transport wastes exceeding four tons even with the maximum loading capacity of four tons; ② in such a case, wastewater may cause a problem in the safe operation of the vehicle; ③ in the event a vehicle driver’s vehicle’s waste exceeding the large carrying capacity is contained in a stuff, the vehicle driver appears to be a vehicle driver.

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